The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Counterclaim in domestic arbitration and international commercial arbitration

Authors
homayon mafi
javad shamsi
university of judicial science
Abstract
Just and essential proceedings by the considering authority requires to comply with trial principles, a matter that has been accepted by the Judicial Authorities. In the Arbitration Authorities also due to Judicial function of arbitration work the observance of trial principles is necessary contrary to arbitration formalities. One of the principles binding by the Arbitration Authority is the acceptance of lodging counterclaim by the respondent. Comparative study shows that unlike other countries that legislated this matter, in Iran not only the legislator but also jurists did not pay noteworthy attention to this topic. Regarding the counterclaim in arbitration it is to be said that this claim is admissible when it is in the scope of arbitration agreement or clause. In addition to the conditions of counterclaim the said claim is acceptable when there does not exist its barriers. Set-off also is dependent on the claim and with restitution of claim the set-off is discarded. Moreover, the mere restitution of original claim will not render the termination of counterclaim which is under consideration.
Keywords
Key words: Arbitration
Counterclaim
Set-off
competence
Contract
ب- خارجی
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2. articles
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ج- سایت ها
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